PROTECTING JUVENILES AS WITNESS IN CRIMINAL PROCEEDINGS - LESSONS FOR VIETNAM

Abstract

It has been internationally recognized that juveniles have rights which must be safeguarded in every country’s legal system. Because people who are under 18 years of age are still developing physically and mentally, they are especially vulnerable to criminal proceedings. Even though there has been significant development in the recent Vietnam’s criminal procedure law which clearly stipulate underage’s rights, there are some challenges that needs addressing such as: accessing a juvenile’s age and maturity to give statements as a witness, ordering to appear in court, the statement of truth, witness protection schemes before and after the trials. Using the comparative law approach, this paper highlights the gaps, potential remedies, and existing solutions to the existing Vietnam’s criminal procedure law to ensure that juveniles’ rights are effectively upheld in practice.